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TITLE OF BILL: An act to amend the executive law, in relation to requiring state and local law enforcement officers to identify themselves to the public

PURPOSE OR GENERAL IDEA OF BILL: To increase transparency in police practices and rebuild trust between police officers and members of the public.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Legislative intent.

Section 2: Adds Article 13-B to the executive law concerning the identification of state and local law enforcement officers.

Adds section 268 to the executive law - definitions Law enforcement activity - noncustodial questioning, pedestrian stops, frisks, searches of individuals persons, Property, or possessions, traffic stops, roadblock or checkpoint stops, home search and contact with potential victims of and witnesses to crimes.

Noncustodial questioning - the routine, investigatory questioning of individuals and the questions of suspects where such individuals or suspects haven to be detained.

Adds section 269 to the executive law - Identification of state and local law enforcement officers. Upon initiation of law enforcement activity the state or local law enforcement officers shall provide their full name, rank and command and provide the specific reason for the law enforcement activity.

Should the law enforcement activity not result in an arrest or summons, the subject or subjects of the activity shall be provided with the officer's business care which shall include at minimum the name, rank, and command of the officer.

Nothing in this section shall apply where a law enforcement officer is not in uniform and the identification would compromise officer safety or an ongoing investigation.

Section 3: Severability clause

Section 4: This act shall take effect the 90th day after it shall have become law.

JUSTIFICATION: The mistrust of law enforcement officers based on real or perceived discrimination hinders law enforcement efforts and has become a threat to our Public safety. The intent of this legislation is increase transparency in police practices and rebuild the public trust by ensuring that there is full disclosure by an officer upon

initiation of a law enforcement activity. This legislation will protect the officers and the public from misunderstandings that can lead to safety risks and rebuild the public's trust.

PRIOR LEGISLATIVE HISTORY: 2012: S.7308-A - Finance

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the 90th day after it shall have become law.

Text

STATE OF NEW YORK
________________________________________________________________________
2833
2013-2014 Regular Sessions
IN SENATE
January 24, 2013
___________

Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to amend the executive law, in relation to requiring state and
local law enforcement officers to identify themselves to the public
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Declaration of legislative intent and findings. The legis-
lature finds that the people of the state of New York are in great debt
to the hard work and dedication of police officers in their daily
duties. The legislature further finds that mistrust of law enforcement
officers based on real or perceived discrimination hinders law enforce-
ment efforts and is a threat to public safety. New York state and local
police policy already requires that officers wear shields and nameplates
at all times while in uniform, and that they provide their rank, name,
shield number and command when asked.
In adopting this act, it is the intent of the legislature to increase
transparency in police practices and to build trust between police offi-
cers and members of the public by providing the public with notice of
the reasons behind their encounters with the police, and a written
record of their interactions with the police in situations that do not
result in an arrest or summons.
S 2. The executive law is amended by adding a new article 13-B to read
as follows:
ARTICLE 13-B
IDENTIFICATION OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS
SECTION 268. DEFINITIONS.
269. IDENTIFICATION OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS.
S 268. DEFINITIONS. AS USED IN THIS ARTICLE THE FOLLOWING WORDS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "LAW ENFORCEMENT ACTIVITY" SHALL MEAN ANY OF THE FOLLOWING ACTIV-
ITIES WHEN CONDUCTED BY LAW ENFORCEMENT OFFICERS:

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07094-01-3

S. 2833 2

A. NONCUSTODIAL QUESTIONING OF INDIVIDUALS;
B. PEDESTRIAN STOPS;
C. FRISKS;
D. SEARCHES OF INDIVIDUALS' PERSONS, PROPERTY, OR POSSESSIONS (INCLUD-
ING VEHICLES);
E. TRAFFIC STOPS;
F. ROADBLOCK OR CHECKPOINT STOPS;
G. HOME SEARCHES; AND
H. CONTACT WITH POTENTIAL VICTIMS OF AND WITNESSES TO CRIMES.
2. "NONCUSTODIAL QUESTIONING" SHALL MEAN BOTH THE ROUTINE, INVESTIGA-
TORY QUESTIONING OF INDIVIDUALS AND THE QUESTIONING OF SUSPECTS WHERE
SUCH INDIVIDUALS OR SUSPECTS HAVE NOT BEEN DETAINED AND ARE FREE TO END
THE ENCOUNTER AT WILL.
S 269. IDENTIFICATION OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS. 1.
UPON INITIATION OF LAW ENFORCEMENT ACTIVITY, STATE AND LOCAL LAW
ENFORCEMENT OFFICERS, AS DEFINED IN THIS ARTICLE SHALL:
A. IDENTIFY THEMSELVES TO THE SUBJECT OR SUBJECTS OF THE LAW ENFORCE-
MENT ACTIVITY BY PROVIDING THEIR FULL NAME, RANK AND COMMAND; AND
B. PROVIDE THE SPECIFIC REASON FOR THE LAW ENFORCEMENT ACTIVITY.
C. AT THE CONCLUSION OF LAW ENFORCEMENT ACTIVITY THAT DOES NOT RESULT
IN AN ARREST OR SUMMONS, THE SUBJECT OR SUBJECTS OF THE LAW ENFORCEMENT
ACTIVITY SHALL BE PROVIDED WITH THE LAW ENFORCEMENT OFFICER'S BUSINESS
CARD, WHICH SHALL INCLUDE, AT A MINIMUM THE NAME, RANK, AND COMMAND OF
THE OFFICER.
2. PARAGRAPHS A, B, AND C OF SUBDIVISION ONE OF THIS SECTION SHALL NOT
APPLY WHERE A LAW ENFORCEMENT OFFICER IS NOT IN UNIFORM AND IDENTIFICA-
TION OF THE OFFICER WOULD COMPROMISE THE IMMEDIATE SAFETY OF THE PUBLIC
OR LAW ENFORCEMENT OFFICERS OR WOULD SERIOUSLY COMPROMISE A SPECIFIC,
ONGOING LAW ENFORCEMENT INVESTIGATION.
S 3. Severability. If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
S 4. This act shall take effect on the ninetieth day after it shall
have become a law.

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